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Idontwantdivorce   21 April 2023

Query regarding divorce.

Dear Sir/Madam,

I am writing to this forum seeking legal assistance for my divorce case. I have been married for over thirteen years, and my marriage has been fraught with several issues. One of the primary issues has been my spouse's frequent visits to her mother's house, which has caused significant disruption to our relationship.

In 2017, I lost my job, which led to an increase in my spouse's frequency of visits to her mother's house. Despite my efforts to stop her from leaving, she would often make false allegations against me and stay away for extended periods. Her disrespectful behavior towards me has further compounded our marital problems.

Recently, we discussed the matter with her father, who initially agreed to a mutual divorce without any maintenance. However, the draft he prepared demands maintenance for my wife and children, which has left me feeling uncertain about the outcome of the case.

I am reaching out to this forum for legal assistance in resolving this matter. I hope to find a legal expert who can guide me through the legal process and help me come to a fair and equitable agreement regarding the divorce settlement, including maintenance for our children.

I look forward to hearing from the legal experts in this forum and appreciate any assistance or advice that they can provide.

Also help me to answer below questions

  • Should I wait for her to file a maintenance case?
  • If she raises a case, should I ask her to come and stay with me?
  • Should I file a case for her to come and stay with me?
  • I want her to come and stay with me but she should ensure that she does not visit her parents very frequently. How can this happen?
  • I am currently jobless and unable to pay court fees.

 

Sincerely,

Deepak G



Learning

 3 Replies

P. Venu (Advocate)     21 April 2023

You can issue Notice or initiate legal action asking her to come and stay with you. However, such an action could lead to her filing DV and IPC 498A cases.

Given the facts of the situation, esp. as to your unemployment, an amicable settlement offers the viable solution.

T. Kalaiselvan, Advocate (Advocate)     22 April 2023

Since your marriage is running into rough weather, you have decided to quit this marital life since it is no more possible for you to tolerate her behavior and continue with this marriage due to her tortures.

If you have decided to divorce her then it will not be possible to live with her togther in the given situation.

She will continue the same tortures and make your life hell after that.

Therefore you may stick to your decision to divorce her and challenge her maintenance case when she files one, on merits. 

Dr J C Vashista (Advocate)     22 April 2023

Question-wise reply is:

Q 1. Should I wait for her to file a maintenance case?

Ans: No

Q 2 If she raises a case, should I ask her to come and stay with me?

Ans: Yes

Q 3 Should I file a case for her to come and stay with me?

Ans: Yes you must file petition for restitution of conjugal rights.

It would be appropriate to consult and engage a local prudent lawyer for your benefit.


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